(A) Application for PSEBA benefits. A PSEBA benefit application form prepared by the Village shall be the standard form required for PSEBA benefit applicants to use in requesting benefits under PSEBA. The form shall be completed and executed by the requesting applicant and delivered to the PSEBA Claims Administrator. Information required by the form shall include the full particulars of the employee's claim for benefits, including the date, time, place, and nature of the injury giving rise to the claim for benefits, and any other factual circumstances surrounding the incident(s) alleged to have occasioned the injury. The PSEBA benefit application form shall include information relating to the existence of health insurance benefits payable from any other source, substantially in the form contained on the Illinois Commission on Government Forecasting and Accountability PSEBA Recipient Reporting Form, which information must be current as of the date of application. The application also must be accompanied by the written decision of any public safety pension board determining or declaring the injury to have been incurred in the applicant's line of duty as a public safety employee of the Village of South Elgin.
(B) Application review. The PSEBA Claims Administrator shall review the application for completeness. If incomplete, the PSBA Claims Administrator shall return the application to the applicant for completion in accordance with the requirements of division (A) above. If complete, the PSBA Claims Administrator shall forward the completed application to the Hearing Officer and, after determining the availability of the parties, shall give notice concerning the holding of a hearing on the application.
(C) Administrative hearing. The conduct of the administrative hearing shall be as follows:
(1) Upon receipt of a completed application, the Hearing Officer shall arrange for the posting and publishing of a Notice of Hearing in accordance with the Illinois Open Meetings Act, 5 ILCS 120/1, etseq., notifying the parties and the public of the date, time, and place of a hearing to be held on the application.
(2) The parties to the hearing, who may be represented by counsel or other representative, shall be the applicant and the Village of South Elgin. Both the applicant and the Village of South Elgin are necessary parties to the hearing. Other parties may be allowed to intervene upon motion in the proceedings if the Hearing Officer determines that such parties have a substantial interest in the proceedings and that the participation of such parties could assist in the fair and efficient determination of the outcome of the proceedings.
(3) Upon motion by a party or intervening party, or determination upon consultation with the parties and intervening parties by the Hearing Officer, the initial hearing date or any subsequent date for the hearing may be reset by the Hearing Officer to mutually convenient dates and times.
(4) Hearings shall be held on the date and time and at the place specified in the Notice of Hearing, as originally set or reset and posted and published in accordance with law.
(5) All hearings shall be attended by a certified court reporter whose presence at the hearing has been arranged by the PSEBA Claims Administrator, and a transcript of all proceedings shall be made and preserved.
(6) The applicant and the village, along with any interveners whose participation in the hearing has been allowed by the Hearing Officer, may examine and cross-examine witnesses, introduce exhibits, and request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.
(7) It shall be the applicant's obligation at the hearing to present in evidence any and all documents, including medical records, that were presented to any public safety pension board that considered the applicant's claim for a duty-related pension. All other medical records, employment records, and/or military records that are relevant to the applicant's claim for PSEBA benefits shall be admissible at the hearing and shall be obtainable by any party requesting a subpoena for such records, subject to the requirements of applicable law.
(8) Upon conclusion of the hearing, the parties may make closing arguments on the record or, if either necessary party so requests, may submit post-hearing briefs in support of their positions, which briefs may contain appropriate citations to legal authority.
(9) The determination by the Hearing Officer as to whether the applicant is eligible for benefits under PSEBA shall be in writing, shall include findings of fact and conclusions of law, and shall be consistent with PSEBA. If the Hearing Officer determines that the applicant is eligible for benefits under PSEBA, the determination shall include a finding as to the extent of the reduction, if any, of PSEBA benefits resulting from the existence of health insurance benefits payable from any other source.
(10) Such determination shall constitute a final determination for the purpose of appeal to a court of competent jurisdiction.
(Ord. 2017-53, passed 8-21-17; Am. Ord. 2017-61, passed 9-18-17)